LexThe Gujarat Prevention of Begging Act, 1959
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GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIMENTARY AFFAIRS DEPARTMENT
Bombay Act No. X of 1960
The Gujarat Prevention of Begging Act,
1959
(As modification up to 30th November, 2012)
[1960 : Bom. X Gujarat Prevention of Begging Act. 1959
THE BOMBAY PREVENTION OF BEGGING ACT, 1959.
CONTENTS.
PREAMBLE.
SECTIONS. PAGE No.
CHAPTER I.
PRELIMINARY.
1. Short title, extent, commencement, and repeal of corresponding laws and
Provisions.
2. Definitions.
CHAPTER II.
PROCEDURE FOR DEALING WITH BEGGARS AND BEGGAR
OFFENDERS.
3. Power of Courts.
4. Power to require person found begging to appear before Courts.
5. Summary inquiry in respect of persons found begging and their detention.
6. Penalty for begging after detention as beggar.
7. Offences to be tried summarily.
8. Contribution of parents.
9. Court may order detention of persons wholly dependent on beggar.
10. Power of State Government to order further detention of incurably helpless
beggars.
11. Penalty for employing or causing persons to beg or using them for purposes
of begging.
CHAPTER III.
RECEIVING CENTRES AND CERTIFIED INSTITUTIONS.
12. Provision of Receiving Centres.
13. Provision of Certified Institutions.
14. Visiting Committees.
15. Advisory Committees.
16. Payment of contribution by local authorities and recovery thereof.
17. Appointment of Chief Inspector, Additional Chief Inspector, Inspectors,
Assistant Inspectors and Probation Officers.
18. Search in Receiving Centres and Certified Institutions.
19. Management and discipline.
20. Disciplinary imprisonment.
1960 : Bom. X] Gujarat Prevention of Begging Act. 1959
3 of 15
SECTIONS. PAGE No.
21. Transfer from one Receiving Centre or Certified Institution to another.
22. Release on licence.
23. Revocation of licence.
24. Unconditional release.
CHAPTER IV.
MISCELLANEOUS.
25. Procedure on order of detention or sentence of imprisonment.
26. Medical examinations and detention of leprosy patients and lunatics.
27. Arrest of persons escaping from Receiving Centre or Certified Institutions.
28. Transfers betwe en certified institution and institution of like nature in
different parts of India.
29. Power to take finger prints.
30. Seizure and disposal of animals exposed or exhibited for obtaining, or
extoring alms.
31. Offences to be cognizable and nonbailable.
32. Persons to be deemed public servants.
33. Bond taken under Act V of 1898.
34. Appeals.
35. Rules.
36. Removal of difficulties.
SCHEDULE.
[1960 : Bom. X Gujarat Prevention of Begging Act. 1959
BOMBAY ACT No. X OF 1960.1
[THE GUJARAT PREVENTION OF BEGGING ACT, 1959.]
[8th February, 1960]
Adapted and modified by the Gujarat Adaptation of Laws (State and Concur-
rent Subjects) Order, 1960.
Amended by Guj. 15 of 2011.
An Act to consolidate and amend the law relating to beggars for the purpose
of making uniform and better provision for the prevention of begging in the
State of Bombay and for matters connected therewith.
WHEREAS it is expedient to make uniform and better provision for the pre -
vention of begging in the State of Bombay; for the detention, training and em -
ployment of beggars and their dependants in certain institutions; for the custody, trial
and punishment of beggar offenders; and for these and other purposes to consolidate
and amend the law relating to beggars; It is hereby enact ed in the Tenth Year of the
Republic of India as follows:-
CHAPTER I.
PRELIMINARY.
1. (1) This Act may be called the 1A[Gujarat] Prevention of Begging Act, 1959.
(2) It extends to the whole of the 2[State of Gujarat].
(3) It shall come into force in any area of the State, on such date 3 as the State
Government may by notification in the Official Gazette, appoint in that behalf
for that area.
(4) On the commencement of this Act in any area of the State in the manner
provided in sub -section (3), all corresponding laws in force in that area
(including the laws mentioned in the Schedule, to the extent specified in the
third column thereof) shall stand repealed therein:
Provided that, notwithstanding such repeal anything done or any action taken
(including any appointment made, receiving centres and institutions provided,
maintained, certified, approved or recognized, authorizations given, powers conferred
and duties imposed, committees appointed or constituted, licences granted, notifica -
tions issued and rules made) under any law so repealed, shall in so far as it is not
inconsistent with the provisions of this Act, be deemed to have been done or taken
under the corresponding provisions of this Act; and shall continue in force accord -
ingly unless and until superseded by anything done or any action taken under this
Act. And, without prejudice to the aforesaid provision and subject ther eto, section 7
of the Bombay General Clauses Act, 1804, shall apply in relation to the repeal of any
such law, and if such law be not an enactment within the meaning of that sec tion, it
shall apply in relation thereto as if it were an enactment within th e meaning of that
section.
2. (1) In this Act, unless the context otherwise requires-
(i) " begging " means-
(a) soliciting or receiving alms in a public place, whether or
not under any pretence such as singing, dancing, fortune -
telling, performing or offering any article for sale;
(b) entering on any private premises for the purpose of
soliciting or receiving alms;
Short title,
extent, com-
mencement and
repeal of
corresponding
laws and
provisions.
Bom. I of 1904.
Definitions.
1960 : Bom. X] Gujarat Prevention of Begging Act. 1959
5 of 15
(c) exposing or exhibiting, with the object of obtaining or
extorting alms, any sore, wound, injury, deformity or disease
whether of a human being or animal;
(d) having no visible means of subsistence and, wandering
about or re maining in any public place in such condition or
manner, as makes it likely that the person doing so exists by
soliciting or receiving alms;
(e) allowing oneself to be used as an exhibit for the purpose of
soliciting or receiving alms;
but does not include soliciting or receiving money or food or
gifts for a purpose authorised by any law, or authorised in the
manner prescribed in Greater Bombay by the Commissioner
of Police, and elsewhere by the District Magis trate, or in any
part of the State by the State Government;
(ii) "Certified Institution" means any institution which the State
Government provides and maintains for the detention, training and
employment of beggars and their dependants, and includes an
institution certified to be such under sub-section (1) of section 13;
(iii) "Chief Inspector" means the person appointed to be the Chief Ins-
pector of Certified Institutions under sub -section (1) of section 17,
and includes an Additional Chief Inspector appointed under that
section;
(iv) "child" has the same meaning as in the Bombay Children Act,
1948;
(v) "Court" means the Court of a Judicial Magistrate of any class, or
any other Court exercising criminal jurisdiction, in the area in which
this Act is in force;
(vi) Juvenile Court has the same meaning as in the Bombay Children
Act, 1948;
(vii) "prescribed" means prescribed by rules made under this Act;
(viii) "Probation Officer" means an officer appointed to be a
Probation Officer under sub-section (1) of section 17;
(ix) "public place" includes a railway compartment;
(x) "Receiving Centre" means an institution for the reception and
temporary detention of beggars provided by the State Government, or
certified to be such under sub-section (1) of section 12;
(xi) "Superintendent" means a Superintendent of a Receiving Centre
or a Certified Institution, as the case may be.
(2) Any reference to, or to a provision of, a Central or Bombay Act which is
not in force in any area in which this Act is brought into force shall in relation
to that area be construed as a reference to the corresponding law (if any) in
force therein.
CHAPTER II.
PROCEDURE FOE DEALING WITH BEGGARS AND BEGGAR
OFFENDERS.
Bom. LXXI
of 1948.
Bom. LXXI
of 1948.
[1960 : Bom. X Gujarat Prevention of Begging Act. 1959
3. The powers conferred on courts by this Act shall be exercised only by the High
Court, a Court of Session, 4* * * a Magistrate of the first class, a Juvenile Court, or
any other Court exercisi ng criminal jurisdiction in the area, and may be exercised by
such courts whether the case comes before them originally or on appeal or revision.
4. (1) Any police officer, or other person auth orised in this behalf in accordance
with rules made by the State Government, may arrest without a warrant any person
who is found begging:
Provided that, no person entering on any private premises for the purpose of
soliciting or receiving alms shall be s o arrested or shall be liable to any pro ceedings
under this Act, except upon a complaint by the occupier of the premises.
(2) Such police officer or other person shall take or send the person so
arrested to a Court.
(3) The provisions of se ction 61 of the Code of Criminal Procedure 1898
shall apply to every arrest under this section, and the officer in charge of the
police station or section shall cause the arrested person to be kept in the pres -
cribed manner until he can be brought before a Court.
5. (1) Where a person who is brought before the court under the last proceeding
section is not proved to have previously been detained in a Certified In -
stitution under the provisions of this Act, the Court shall make a summary in -
quiry, in the prescribed manner, as regards the allegation that he was found
begging.
(2) If the inquiry referred to in sub -section (1), cannot be completed
forthwith, the court may adjourn it from time to time and order the person to
be remanded to such place and custody as may be convenient.
(3) If on making the inquiry referred to in sub -section (1), the court is not
satisfied that the person was found bogging, it shall order that such person be
released forthwith.
(4) If on making the inquiry referred to in sub -section (1), the court is satis -
fied that such person was found begging, it shall record a finding that the
person is a beggar.
(5) The Court shall order the person found to be a beggar under the last
preceding sub-section to be detained in a Certified Institution for a period of
not less than one year, but not more than three years :
Provided that, if the court is satisfied from the circumstances of the
case that the person found to be a beggar as aforesaid is not likely to beg
again, it may after due admonition release the beggar on a bond for the
beggar's abstaining from begging and being of good behaviour, being
executed with or w ithout sureties as the Court may require by the beggar or
any other person whom the court considers suitable.
(6) In passing any order under the provisions of this Act, the court shall have
regard to the following considerations, that is to say-
(a) the age and character of the beggar,
(b) the circumstances and conditions in which the beggar was living,
(c) reports made by the Probation Officer, and
(d) such other matters as may, in the opinion of the court, require to
be taken into consideration in the interest of the beggar.
Powers of
Courts.
Power to require
person found
begging to appear
before Court.
V of 1898.
Summary inquiry
in respect of
persons found
begging and their
detention.
1960 : Bom. X] Gujarat Prevention of Begging Act. 1959
7 of 15
(7) The report of the Probation Officer or any other report considered by the
court under the sub -section immediately preceding, shall be treated as
confidential :
Provided that if such report relates to the character, health o r conduct
of, or the circumstances and conditions in which, the beggar is living, the
court may, if it thinks expedient communicate the substance thereof to the
beggar or (in case of dependants) to the guardian concerned, and may give the
beggar or the gua rdian, as the case may be, an opportunity of producing
evidence which may be relevant to the matters stated in the report.
(8) A copy of the order made under sub -section (5) shall be sent forthwith to
the Chief Inspector.
(9) Notwithstanding anything in this section, when the person fonnd to be a
beggar as aforesaid is a child, being a child who is not under the age of five
years, the court shall forward him to a Juvenile Court and shall not make any
order under sub -section (5 ). The Junvenile Court shall deal with the child
under section 40 of the Bombay Children Act, 1948, as if the child were a
person described in clause (a) of that section. For the purpose of ascertaining
the age of the person, the court may, if necessary, c ause the beggar to be
examined by a medical officer.
6. (1) Whoever, having been previously detained in a Certified Institution under
this Act is found begging, shall on conviction be punished as hereinafter in
this section provided.
(2) When a person is convicted for the first time under sub -section (1) the
Court shall order him to be detained in a Certified Institution for a period of
not less than two years and not more than three years.
(3) When a person is convicted for the second or subsequent time under sub
section (1), the court shall order him to be detained for a period of ten years in
a Certified Institution, and may convert any period of such detention (not
exceeding two years) into a sentence of imprisonment extending to a like
period.
7. All offences under this Act except those under section 11 shall be tried in a
summary way.
8. (1) The court, which makes an order for the detention of any person in a
Certified Institution under section 5 or section 6, may make an order on the
parrent or other person liable to maintain him, to contribute to his
maintenance, if able to do so in the manner prescribed.
(2) Before making any such order the court shall inquire into the
circumstances of the parent or other person liable to maintain him, and shall
record evidence, if any, in the presence of the parent or such other person, as
the case may be.
(3) Any order made under this section may on an app lication, made by the
party liable, or otherwise, be varied by the Court.
(4) Any order made under this section may be enforced in the same manner
as an order under section 488 of the Code of Criminal Procedure, 1898.
9. (1) When the Court has ordered the detention of a person in a Certified
Institution, under section 5 or section 6 it may, after making such inquiry as it
thinks fit, order any other person who is wholly dependent on such person to
be detained in a Certified Institution for a like period:
Bom. LXXI of
Penalty for begging
after detention as
beggar.
Offences to be
tried summarily.
Contribution of
parents.
Court may order
detention of persons
wholly dependent on
beggar.
V of 1898.
[1960 : Bom. X Gujarat Prevention of Begging Act. 1959
Provided that before such order is made such dependent person shall
be given an opportunity of showing cause why it should not be made.
(2) Where the depend ent person is a child the Court shall forward him to a
Juvenile Court which shall deal with him under section 40 of the Bombay
Children Act, 1948 as if the child were a person described in clause (a) of that
section:
Provided that where the dependent per son is the beggar's own child,
being a child who is under the age of five years, and the beggar is an able
bodied mother, not being a contagious leper or a lunatic, the child may be
ordered to be detained in a Certified Institution without being separated from
the mother as regards the place of detention, until it attains the age of five
years, and thereafter dealt with as provided in this sub-section.
(3) For the purpose of this section, the court may if necessary cause the
dependent person t o be arrested and brought before itself and caused to be
examined by a medical officer. The provisions of section 61 of the Code of
Criminal Procedure, 1898 shall apply to every arrest under this sub -section,
and the officer in charge of the police station or section shall cause the
arrested person to be kept in the prescribed manner until he can be brought
before a Court.
10. When any person who is detained in a Certified Institution under section 5 or
section 6 or section 9 is considered, whether on an application made by him to the
State Government or otherwise, by the State Government to be blind, a cripple, or
otherwise incurably helpless, the State Government may orde r that he shall, after the
expiry of the period of his detention be further detained indefinitely in a Certified
Institution:
Provided that the State Government may release any such inmate if any
person whom the State Government considers suitable executes a bond, with or
without sureties as the State Government may require, making himself responsible
for the housing and maintenance of such inmate, and for preventing him from
begging or being used for the purpose of begging.
11. Whoever employs or causes, any person to solicit or receive alms, or whoever
having the custody, charge or care of a child, connives at or encourages the employ -
ment or the causing of a ch ild to solicit, or receive alms or whoever uses another
person as an exhibit for the purpose of begging, shall on conviction be punished with
imprisonment for a term which may extend to three years but which shall not be less
than one year.
CHAPTER III.
RECEIVING CENTRES AND CERTIFIED INSTITUTIONS.
12. (1) The State Government may provide and maintain one or more Receiving
Centres at such place or places as it thinks fit, and may certify any institution
to be a Receiving Centre for the purposes of this Act.
(2) Every such Receiving Centre shall be under the control of a
Superintendent.
13. (1) The State Government may provide and maintain one or more Certi fied
Institutions at such pl ace or places as it thinks fit, and may certify any insti -
tution to be a Certified Institution for the purposes of this Act. Any such
Certified Institution may include provision for the teaching of agricultural,
industrial and other pursuits, and for the g eneral education and medical care
of the inmates.
Bom. LXXI
of 1948.
V of 1898.
Power of State
Government to order
further detention of
incurably helpless
beggars.
Penalty for employing
or causing persons to
beg or using them for
purposes of begging.
Provision of
Receiving Centres.
Provision of
Certified
Institutions.
1960 : Bom. X] Gujarat Prevention of Begging Act. 1959
9 of 15
(2) Every such Certified Institution shall be under the charge of a
Superintendent.
14. For every Receiving Centre and every Certified Institution, the State Govern ment
shall appoint a visiting committee in such manner as may be prescribed.
15. (1) The State Government may constitute for any area in which this Act has
come into force in the manner provided in sub -section (3) of section 1, an
Advisory Committee consisting of such persons, not exceeding twenty -one in
number, as it may appoint :
Provided that, where a local authority has agreed to render such
financial assistance as the State Government may consider proper in each
case, for the main tenance of Certi fied Institutions in which beggars from the
area subject to the jurisdiction of the local authority arc detained, the State
Government shall appoint such number of persons as it deems fit on the
Advisory Committee for such area representing the local authority. .
(2) The Advisory Committee constituted under sub -section (1) in any local
area, or any member thereof, may visit at all reasonable times and after due
notice to the Superintendent, any Certified Institution in which beggars from
that area are detained.
(3) The Advisory Committee may also-
(a) tender advice as regards management, to any Certified Institution
through the Chief Inspector or such other officer as the State
Government may specify;
(b) collect subscriptions towards the recurring as we ll as non -
recurring expenses of any or all Certified Institutions within the local
area, or in which beggars from that area are detained, and disburse the
collections in the prescribed manner;
(c) advise the State Government, through the Chief Inspector, as
regards the certification of, any Institution as a Certified Institution or
the de-certification of any Certified Institution within the local area;
(d) advise the State Government generally on the working of this Act
in that area, and particularly on any point referred to it by the Chief
Inspector or any other officer specified by the State Government.
16. (1) Notwithstanding anything contained in any law for the time being in
force, any local authority which has agreed to pay a certain sum of money for
the maintenance of a Certified Institution shall make payment of that sum to
the State Government before a date prescribed in that behalf.
(2) If any sum is not paid by a local authority before the prescribed date, the
State Government may make an order directing any person, who for the time
being has custody of any moneys on behalf of the local authority as its
officer, treasurer, banker or otherwise to pay the sum from such moneys as he
may have in his hands or may from time to time receive, to the State Govern -
ment, and such person shall be bound to obey such order. Every payment
made pursuant to such order shall be sufficient discharge to such person from
all liability to the local authority in respect of any amount paid by him out of
the moneys of the local authority so held by him.
17. (1) For carrying out the purposes of this Act, the State Government may
appoint a Chief Inspector of Certified Institutions, an Additional Chief
Inspector of Certified Institutions, an Inspector and such number of Assistant
Inspectors and Probation Officers as it thinks advisable to assist the Chief
Visiting
Committees.
Advisory
Committees.
Payment of
contribution by local
authorities and
recovery thereof.
Appointment of Chief
Inspector, Additional
Chief Inspector,
Inspectors, Assistant
Inspectors and
Probation Officers.
[1960 : Bom. X Gujarat Prevention of Begging Act. 1959
Inspector; and every person so appointed to assist the Chief Inspector shall
have such of the powers, and perform such of the duties, of the Chief
Inspector as the State Government directs, but shall act under the direction of
the Chief Inspector.
(2) Every Receiving Centre and Certified Institution shall, at least once in
every six months, be inspected by the Chief Inspector, Inspector, Assistant
Inspector or a Probation Officer.
18. The Superintendent of a Receiving Centre or a Certified Institution may order that
any person received in the Receiving Centre or Certified Institution shall be searched,
that he shall be cleansed, that his personal effects shall be inspected, and that any
money or valuables found with or on the person shall be kept in the custody of such
Superintendent, and that any effects other than money or valuables so found shall be
disposed of in the prescribed manner. Where an order of detention is passed by the
court against any such person, the Superin tendent may order that any money or
valuables found with or on the person shall be disposed of in the prescribed manner.
Where the court pa sses an order other than an order of detention with regard to any
such person, his money and valuables shall be returned to him, and if his clothing has
been distroyed, he shall be provided with fresh clothing. The expenses of providing
such clothing shall be paid out of moneys provided by the State Legislature :
Provided that a female shall be searched only by a female, and with due
regard to decency.
19. Persons remanded to, or detained in, Receiving Centres and Certified In stitutions
under this Act shall be subject to such rules of management and dis cipline, including
the imposition of manual or other work and the awarding of punishment for breach of
any such rules, as may, from time to time, be prescribed.
20. (1) Without prejudice to any disciplinary action that may be taken under the
section immediately preceding, the Chief Inspector, the Inspector or
Superintendent may report to the court the case of any person detained in a
Certified Instit ution who habitually and wilfully disobeys or neglects to
comply with any rule referred to in that section; and the court may thereupon,
if satisfied that the person has wilfully disobeyed or neglected to comply with
any such rule, convert the balance of t he period of his detention in a Certified
Institution or part thereof into a term of imprisonment.
(2) The sentence of imprisonment ordered as aforesaid shall be executed in
the same manner as a sentence passed under section 6.
21. (1) Subject to conditions prescribed, the Chief Inspector may direct any
person detained in a Receiving Centre or Certified Institution to be transferred
therefrom to another Receiving Centre or Certified Institution in the State :
Provided that the total period of detention of such person shall in no
case be increased by such transfer.
(2) In directing such transfer the Chief Inspector shall have regard to the
medical certificate and the directions, if an y, made by the State Government
or court under section 26.
22. (1) Subject to such conditions as are prescribed,-
(a) the Chief Inspector or the Superintendent of the Certified
Institution may at any time grant permission to a person detained in a
Certified Institution to absent himself for short periods, and
(b) the Chief Inspector may at any time release such person
conditionally and issue him a licence therefor.
Search in receiving
Centres and Certified
Institutions.
Management and
discipline.
Disciplinary
imprisonment.
Transfer from one
Receiving Centre
or Certified
Institution to
another.
Release on licence.
1960 : Bom. X] Gujarat Prevention of Begging Act. 1959
11 of 15
(2) Any such licence shall be in force until the expiry of the term f or which
the person was ordered to be detained in a Certified Institution, unless sooner
revoked.
(3) The period during which such person is absent from a Certified Institution
by permission or by licence as aforesaid shall, for the purpose of computing
his term of detention in a Certified Institution, be deemed to be part of his
detention.
23. (1) Subject to such conditions as are prescribed, the Chief Inspector may at
any time revoke a licence issued under section 22, and thereupon the released
person shall be detained in a Certified Institution until the expiry of the dat
for which he had been ordered to be detained.
(2) For the purpose of this section the Chief Inspector may, if necessary,
cause the released person to be arrested and sent to the nearest Receiving
Centre together with a copy of the order of detention, and thereup on the
provisions of sub-section (1) of section 25 shall as far as may be apply.
24. At any time after the expiration of three months from the commencement of the
release on licence of any person under section 22, the Chief Inspecto r may, if he is
satisfied that there is a probability that such person will abstain from begging,
recommend to the State Government his unconditional release. The State
Government may on such recommendation release such person unconditionally, and
thereupon the term for which such person had been ordered to be detained in a
Certified Institution shall be deemed to have expired.
CHAPTER IV.
MISCELLANEOUS.
25. (1) Subject to the provisions of sub -section (2), when a person has been
ordered to be detained in a Certified Institution under section 5 or section 6 or
section 9, the court which ordered the detention shall forthwith forward him
to the nearest Receiving Ce ntre with a copy of the order of detention. The
person shall thereupon bo handed over into the custody of the Superintendent
of the Receiving Centre and shall be detained in the Receiving Centre until he
is sent therefrom to a Certified Institution.
(2) When any such person has also been sentenced to imprisonment, the court
passing the sentence of imprisonment shall forthwith forward a warrant to a
jail in which he is to be confined and shall forward him to such jail with the
warrant together with a copy o f the order of detention. After the sentence of
imprisonment is fully executed, the Officer executing it shall, if detention in a
Certified Institution for any period remains to be undergone by such person,
forward him forthwith together with the copy of the order of detention to the
nearest Receiving Centre, and thereupon the provisions of sub -section (7)
shall as far as may be apply.
(3) In computing the period for which a person is ordered to be detained in a
Certified Institution, there shall be inclu ded the period for which he is
detained in a Receiving Centre under this section.
26. (1) Where it appears to the State Government that any beggar detained in a
Certified Institution under any order of a court is of unsound mind or a leper,
the State Government may by an order setting forth the grounds of belief that
the beggar is of unsound m ind or a leper, order his removal to a mental
hospital or leper asylum or other place of safe custody, there to be kept and
treated as the State Government directs during the remainder of the tern) for
which he has been ordered to be detained or, if on the expiration of that term
it is cer tified by a medical officer that it is necessary for the safety of the
Revocation of licence.
Unconditional
release.
Procedure on order of
detention or sentence
of imprisonment.
Medical
examination and
detention of leprosy
patients and
lunatics.
[1960 : Bom. X Gujarat Prevention of Begging Act. 1959
beggar or of others that he should be further detained under medical care or
treatment, then until he is discharged according to law.
(2) Where it appears to the State Government that the beggar has ceased to be
of unsound mind, or is cured of leprosy, the State Government shall, by an
order directed to the person having charge of the beggar if still liable to be
kept in custody send him to the Certifi ed Institution from which he was
removed or if the beggar is no longer liable to be kept in custody, order him
to be discharged.
(3) The provisions of section 31 of the Indian Lunacy Act, 1912, or [subje ct
to the provisions of sub -section (2)] of section 14 of the Lepers Act, 1898,
shall apply to every beggar confined in a mental hosp ital or leper asylum
under sub -section (1) after the expiration of the period for which he was
ordered to be detained; and the time during which a beggar is confined in a
mental hospital of leper asylum under that sub -section shall be reckoned as
part of the period for which he may have been ordered by the Court to be
detained :
Provided that where th e removal of a begar due to unsoundness of
mind or leprosy is immediately necessary, it shall be open to the authorities of
the Institu tion in which the beggar is detained to apply to a court having
jurisdiction under the Indian Lunacy Act, 1912, or the L epers Act, 1898, as
the case may be, for an immediate order of committal to a mental hospital or
a leper asylum until such time as the orders of the State Government can be
obtained in the matter.
27. Any person who leaves a Receiving Centre or a Certified Institution with out the
permission of the Superintendent thereof, or fails to return thereto after the expiry of
the period of absence permitted under sub -section (1) of section 2 2, may be arrested
by any police officer without warrant or by an officer of the Receiving Centre or
Certified Institution authorised in this behalf by the State Government and sent back
to the Receiving Centre or Certified Institution, as the case may be.
28. (1) The State Government may direct any person detained in a Certified
Institution to be transferred therefrom to any Institution of a like nature in any
other part of India in respect of which provision similar to that in the 1[State
of Gujarat] is made by t he State Government of that part under any law in
force therein :
Provided that no person shall be transferred under this section to any
other State without the consent of the Government of that other State.
(2) The State Government may, in consultation with the Superintendent of
any Certified Institution, consent to the transfer to that Institution of any
person in res pect of whom an order of detention has been made by a
competent authority in any other part of India of the nature of an order under
this Act directing him to be detained in a Certified Institution or institution of
a like nature and upon such transfer, the provisions of this Act shall apply to
such person.
29. (1) Every person ordered to be detained in a Certified Institution under this
Act shall at any time allow his finger prints to be taken by the Commissioner
of Police or any officer empowered by him in this behalf in any area for
which a Commissioner of Police has been appointed and by the District
Magistrate or any Officer empowered by him in this behalf elsewhere.
(2) Whoever refuses to allow his finger prints to be taken under sub -section
(1) shall on conviction be liable to have his period of detention in a Certified
Institution not exceeding three months converted to a term of imprisonment
extending to a like period.
IV of 1912.
III of 1898.
IV of 1912.
III of 1898.
IV of 1912.
III of 1898.
Arrest of person
escaping from
Receiving Centre
or Certified
Institution.
Transfers between
Certified Institution
and Institution of like
nature in different
parts of India.
Power to take
finger prints.
1960 : Bom. X] Gujarat Prevention of Begging Act. 1959
13 of 15
(3) The sentence of imprisonment ordered under sub -section (2) shall be
executed in the same manner as a sentence passed under section 6.
30. (1) Any police officer or other person effecting under sub -section (1) of
section 4 the arrest of a person who was found begging may seize any animal
the sore, wound, injury, deformity or disease of which was exposed or
exhibited by such person with the object of obtaining or extorting alms.
(2) The police officer or other person effecting the arrest may remove such
animal to any infirmary appointed under section 6B of the Prevention of
Cruelty to Animals Act, 1890, for detention therein pending its production
before a Court.
(3) The court before which the person found begging is brought may direct
that the animal shall be treated and cared for in such infirmary until it is fit for
discharge or that it shall be sent to a, pinjrapole, or, if the veterinary officer in
charge of the area in which the animal is found or such other veterinary
officer as has been authorised by the rules made under section 15 of the
Prevention of Cruelty to Animals Act, 1890, 5certifies that it is incurable or
cannot be removed without cruelty, that it sh all be destroyed; and the court
may also order that, after release from the infirmary, the animal may be
confiscated.
(4) An animal sent for care and treatment to an infirmary shall not, unless the
court directs that it shall be sent to a pinjrapole or that it shall be destroyed, be
released from such place except upon a certificate of its fitness for discharge
issued by the veterinary officer in charge of the area in which the infirmary is
situated or such other veterinary officer as has been authorised by rules made
under section 15 of the Prevention of Cruelty to Animals Act, 1890.
31. The offences under sections 6 and 11 of this Act shall be cognizable and
nonbailable.
32. All persons empowered to perform any function by this Act shall be deemed to be
public servants within the meaning of the Indian Penal Code.
33. The provisions of Chapter XL1I of the C ode of Criminal Procedure, 1898, shall,
so far as may be, apply to bonds taken under this Act.
34. For the purposes of appeal and revision under the Code of Criminal Procedure,
1898, an order of detention under this Act (including an order of detention under
section 5), shall be deemed to be a sentence of imprisonment for the same period.
35. (1) The State Government may by notification, in the Official Gazette, and
subject to the condition of previous publication, make rules for carrying out
the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters,
namely:-
(a) the manner of authorizing a purpose under clause (i) of sub -
section (1) of section 2;
(b) the manner of keeping persons arrested under sub -section (3) of
section 4 or section 9;
(c) the manner of making summary inquiry under sub -section (1) of
section 5;
(d) the manner in which contribution for the maintenance of a person
Seizure and disposal of
animals exposed or
exhibited for obtaining
or extorting alms.
XI of 1890.
XI of 1890.
XI of 1890.
Offences to be
conizable and
nonbailable,
Persons to be
deemed public
servants.
XLV of 1860.
Bonds taken under
Act V of 1898.
V of 1898.
Appeals.
V of 1898.
Rules.
[1960 : Bom. X Gujarat Prevention of Begging Act. 1959
detained in a Certified Institution may be ordered to be paid under
sub-section (1) of section 8;
(e) the manner of appointing a visiting committee under section 14;
(f) the conduct of business by Advisory Committees ;
(g) the date before which payment shall be made under sub -section
(1) of section 16 ;
(h) the manner in which the effects and the money and valuables
referred to in section 18 shall be disposed of ;
(i) the management and discipline of persons detained in a Receiving
Centre or Certified Institution including the imposition of manual or
other work and the awarding of punishment for breach of any rule
made under this clause;
(j) the conditions subject to which the Chief Inspector may direct
transfers under section 21;
(k) the conditions subject to which a person may be released on
licence under section 22;
(l) the conditions subject to which a licence may be revoked under
section 23
(m) the manner of medical examination of beggars;
(n) any other matter which is required to be or may be prescribed.
(3) All rules made under this section shall be laid for not less than thirty days
before 6 * * * the Legislature as soon as possible after they are made, and
shall be subject to such modification as the Legislature may make during the
session in which they are so laid, or the session immediately following.
36. If any difficulty arises in giving effect to the provisions of this Act, the State
Government may by order published in the Official Gazette make such provision or
give such direction as appears to it to be necessary for removing the difficulty.
Removal of
dificulties.
1960 : Bom. X] Gujarat Prevention of Begging Act. 1959
15 of 15
SCHEDULE.
[See section 1 (4).]
No. and year, Short title. Extent of repeal.
1 2 3
Bom. XXIII of 1945 .. Bombay Beggars Act, 1945 .. The whole.
Bom. XXII of 1951 .. Bombay Police Act, 1951 ..Section 114.
Hyd. Act XX of 1350 F. . .. Prevention of Beggary Act, 1350 The whole. Fasli,
C. P. and Berar Act II of City of Nagpur Corporation Act, Chapter XXXI.
1950. 948.
C. P. and Berar Act II of Central Provinces and Berar Muni- Section 206.
1922. cipalities Act, 1922.
C. P. and Berar Act Central Provinces and Berar Local Section 129.
XXXVIII of 1948. Government Act, 1948.
Sau. Act XVIII of 1954 .. Saurashtra Police Act, 1954 .. Section 104.
Bom. IV of 1890 .. Bombay District Police Act, 1890 Clause (2) of
as applied to the Kutch Area of section 61.
the State of Bombay by the
Kutch (Application of Laws)
Order, 1949.
-----------------------
1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1960, Part V, page
386.
1A The words “Gujarat” was substituted for the words “Bombay” by Guj. 15 of 2011, s. 3.
2 These words were substituted for the words "State of Bombay" by the Gujarat Adaptation of
Laws (State and Concurrent Subjects) Order, 1060.
3 1st April 1960 on which the said Act shall come into force in the following areas: -
(a) "Greater Bombay" as defined in the Bombay General Clauses Act, 1904;
(b) The part of Thana Taluka which is encircled by the Bassein -Thana, creek including the
territorial waters appertaining thereto ;
(c) The limits of Railway lands from a point immediately beyond the Thana Railway Station to the
Kalyan Station inclusive on the Central Railway : and
(d) The limits of Railway lands from a point immediately beyond the Bhayander Railway Station
to the Virar Railway Station inclusive on the Western Railway;
(e) The "Elephanta Caves" comprised in Survey No. 65 in Village Gharauri in Uran maha of the
Kolaba District;
(f) The City of Ahmedabad within the meaning of the Bombay Provincial Municipal Corporations
Act, 1949.
(See G. N., L. & S. W. D., No. INT. 4459-M, dated 8th March, 1960).
4 The words "a Presidency Magistrate" were deleted by the Gujarat Adaptation of Law (State and
Concurrent Subjects) Order, 1960.
5 See also Central Act 59 of 1960
6 The words "each House of" were deleted by the Gujarat Adaptation of Laws (State and on
current Subjects) Order, 1960.